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Family Law Reform Act 1969

Current text a fecha 2004-07-01

Part I — Reduction of Age of Majority and Related Provisions

Reduction of age of majority from 21 to 18

1

Provisions relating to marriage

2

for the words “twenty-one years ” there shall be substituted the words “eighteen years ”.

Provisions relating to wills and intestacy

3

in their application to wills made after the coming into force of this section, for the words “twenty-one years ” there shall be substituted the words “eighteen years ”.

may be revoked by that person notwithstanding that he is still under that age whether or not the circumstances are then such that he would be entitled to make a valid will under those provisions.

Maintenance for children under Guardianship or Infants Acts to continue to age of 21

4

Modifications of other enactments relating to maintenance of children so as to preserve benefits up to age of 21

5

Maintenance for wards of court

6

Committal of wards of court to care of local authority and supervision of wards of court

7

Consent by persons over 16 to surgical, medical and dental treatment

8

Time at which a person attains a particular age

9

Modification of enactments relating to Duke of Cornwall and other children of Her Majesty

10

are hereby repealed except in relation to any period falling before section 1 of this Act comes into force.

Repeal of certain enactments relating to minors

11

The following enactments are hereby repealed—

Persons under full age may be described as minors instead of infants

12

A person who is not of full age may be described as a minor instead of as an infant, and accordingly in this Act “minor” means such a person as aforesaid.

Powers of Parliament of Northern Ireland

13

Part II — Property Rights of Illegitimate Children

Right of illegitimate child to succeed on intestacy of parents, and of parents to succeed on intestacy f illegitimate child

14

Presumption that in dispositions of property references to children and other relatives include references to, and to persons related through, illegitimate children

15

Meaning of "child " and " issue " in s. 33 of Wills Act 1837

16

Protection of trustees and personal representatives

17

Illegitimate children to count as dependants under Inheritance (Family Provision) Act 1938

18

Policies of assurance and property in industrial and provident societies

19

Part III — Provisions for use of Blood Tests in determining Paternity

Power of court to require use of blood tests

20

and the court may at any time revoke or vary a direction previously given by it under this subsection.

and the report shall be received by the court as evidence in the proceedings of the matters stated in it.

Consents, etc., required for taking of blood samples

21

Power to provide for manner of giving effect to direction for use of blood tests

22

Failure to comply with direction for taking blood tests

23

the court may adjourn the hearing for such period as it thinks fit to enable that party to take that step, and if at the end of that period he has failed without reasonable cause to take it the court may, without prejudice to subsection (1) of this section, dismiss his claim for relief notwithstanding the absence of evidence to rebut the presumption.

Penalty for personating another, etc., for purpose of providing blood sample

24

If for the purpose of providing a bodily sample for a test required to give effect to a direction under section 20 of this Act any person personates another, or proffers a child knowing that it is not the child named in the direction, he shall be liable—

Interpretation of Part III

25

In this Part of this Act the following expressions have the meanings hereby respectively assigned to them, that is to say—

Part IV — Miscellaneous and General

Rebuttal of presumption as to legitimacy and illegitimacy

26

Any presumption of law as to the legitimacy or illegitimacy of any person may in any civil proceedings be rebutted by evidence which shows that it is more probable than not that that person is illegitimate or legitimate, as the case may be, and it shall not be necessary to prove that fact beyond reasonable doubt in order to rebut the presumption.

Entry of father's name on registration of birth of illegitimate child

27

Short title, interpretation, commencement and extent

28

but, save as aforesaid, this Act shall extend to England and Wales only.

SCHEDULE 1

Part I — Enactments

Part II — Rules, Regulations Etc.

SCHEDULE 2

1

The Regency Acts 1937 to 1953.

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , section 7 of the Parliamentary Elections Act 1695, . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 3

Interpretation

1

Funds in court

2

Any order or directions in force immediately before the commencement date by virtue of—

shall have effect as if any reference therein to the infant’s attaining the age of twenty-one were a reference to his attaining the age of eighteen or, in relation to a person who by virtue of the principal section attains full age on the commencement date, to that date.

Wardship and custody orders

3

which is expressed to continue in force until the person who is the subject of the order attains the age of twenty-one, or any age between eighteen and twenty-one, shall have effect as if the reference to his attaining that age were a reference to his attaining the age of eighteen or, in relation to a person who by virtue of the principal section attains full age on the commencement date, to that date.

Adoption orders

4

The principal section shall not prevent the making of an adoption order or provisional adoption order under the Adoption Act 1958 in respect of a person who has attained the age of eighteen if the application for the order was made before the commencement date, and in relation to any such case that Act shall have effect as if the principal section had not been enacted.

Power of trustees to apply income for maintenance of minor

5

Personal representatives’ powers during minority of beneficiary

6

The principal section shall not affect the meaning of “minority ” in sections 33(3) and 39(1) of the Administration of Estates Act 1925 in the case of a beneficiary whose interest arises under a will or codicil made before the commencement date or on the death before that date of an intestate (within the meaning of that Act).

Accumulation periods

7

The change, by virtue of the principal section, in the construction of—

(which lay down permissible periods for the accumulation of income under settlements and other dispositions) shall not invalidate any direction for accumulation in a settlement or other disposition made by a deed, will or other instrument which was made before the commencement date.

Limitation of actions

8

The change, by virtue of the principal section, in the construction of section 31(2) of the Limitation Act 1939 (limitation in case of person under disability) shall not affect the time for bringing proceedings in respect of a cause of action which arose before the commencement date.

Statutory provisions incorporated in deeds, wills, etc.

9

The principal section shall not affect the construction of any statutory provision where it is incorporated in and has effect as part of any deed, will or other instrument the construction of which is not affected by that section.

Reduction of age of majority from 21 to 18.

Rebuttal of presumption as to legitimacy and illegitimacy.

Editorial notes

[^c751135]: Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3

[^c751136]: Act not in force at Royal Assent see s. 28(3); Act wholly in force at 1.3.1972

[^c751137]: For extent of this Act see s. 28(4)

[^c751138]: S. 1 applied by Finance Act 1969 (c. 32), s. 16(1)

[^c751144]: The text of ss. 2(1), 19(2), Sch. 1 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991

[^c751145]: S. 2: see s. 28(4)(b)

[^c751146]: S. 2(1)(a) repealed by Foreign Marriage (Amendment) Act 1988 (c. 44, SIF 49:1), s. 7(2), Sch.

[^c751147]: 1906 c. 40.

[^c751148]: 1949 c. 76.

[^c751149]: The text of ss. 2(2), 10(3), 11(b)(c), is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

[^c751150]: Words in s. 2(3) repealed (1.1.2001) by 1999 c. 33, s. 169(1)(3), Sch. 14 para. 37, Sch. 16; S.I. 2000/2698, art. 2, Sch.

[^c751152]: 1857 c. 26.

[^c751153]: 1918 c. 58 (7 & 8 Geo. V).

[^c751154]: 1925 c. 23.

[^c751155]: S. 4 repealed by Guardianship of Minors Act 1971 (c. 3), Sch. 2

[^c751156]: S. 5(1) repealed by Inheritance (Provision for Family and Dependants) Act 1975 (c. 63, SIF 116:1), s. 26(2), Sch. (with a saving in s. 26(3) in relation to applications made with reference to a death before 1.4.1976)

[^c751157]: S. 5(2) repealed by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22, SIF 49:3), s. 89(2)(b), Sch. 3

[^c751158]: S. 5(3) repealed by Matrimonial Proceedings and Property Act 1970 (c. 45), Sch. 3

[^c751173]: S. 6 repealed (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 125(7), Sch.20; S.I. 1991/1883, art. 3, Sch.

[^c751183]: S. 7 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), ss. 100(1), 108(7), Sch.15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art.3(2)

[^c751184]: S. 9 excluded by Income and Corporation Taxes Act 1988 (c. 1, SIF 63:1), s. 259(9)

[^c751185]: 1952 c. 37.

[^c751186]: The text of ss. 2(2), 10(3), 11(b)(c), is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

[^c751187]: 1863 c. 49.

[^c751188]: 1855 c. 43.

[^c751189]: 1925 c. 18.

[^c751190]: The text of ss. 2(2), 10(3), 11(b)(c), is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

[^c751191]: 1875 c. 90.

[^c751193]: 1956 c. 69.

[^c751194]: S. 13 repealed by Northern Ireland Constitution Act 1973 (c. 36), s. 41(1), Sch. 6 Pt. I

[^c751195]: S. 14repealed by Family Law Reform Act 1987 (c. 42, SIF 49:7), ss. 33(2)(4), 34(5), Sch. 3 paras. 1, 6, 8, Sch. 4

[^c751196]: S. 15repealed by Family Law Reform Act 1987 (c. 42, SIF 49:7), ss. 33(2)(4), 34(5), Sch. 3 paras. 1, 6, 9, Sch. 4

[^c751197]: S. 16 repealed (with saving) by Administration of Justice Act 1982 (c. 53, SIF 116:5), ss. 73(6), 75, Sch. 9 Pt. I

[^c751198]: S. 17 repealed by Family Law Reform Act 1987 (c. 42, SIF 49:7), ss. 20, 33(2)(4), 34(5), Sch. 3 paras. 1, 6, 10, Sch. 4

[^c751199]: S. 18repealed by Inheritance (Provision for Family and Dependants) Act 1975 (c. 63, SIF 116:1), s. 26(2), Sch. (with a saving in s. 26(3) in relation to applications made with reference to a death before 1.4.1976)

[^c751200]: S. 19 repealed (so far as it relates to s. 2 of Married Women's Policies of Assurance Scotland Act 1880) by Married Women's Policies of Assurance (Scotland) (Amendment) Act 1980 (c. 56, SIF 49:6), s. 5

[^c751201]: 1882 c. 75.

[^c751202]: 1880 c. 26.

[^c751203]: The text of ss. 2(1), 19(2), Sch. 1 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991

[^c751204]: 1965 c. 12.

[^c2155495]: Unreliable sidenote

[^c751219]: S. 20 excluded by Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18), s. 44(1)

[^c751220]: S. 20(1) substituted (1.4.2001) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 23; S.I. 2001/777, art. 2

[^c751221]: S. 20(1A) substituted (1.4.2001) for subsections (1A) and (1B) by 2000 c. 19, s. 82(2)(a) (with s. 83(6)); S.I. 2001/774, art. 2

[^c751222]: S. 20(2)(2A) substituted (1.4.2001) for s. 20(2) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 23; S.I. 2001/777, art. 2

[^c751223]: Word in s. 20(2) substituted (1.4.2001) by 1987 c. 42, s. 23(1); S.I. 2001/777, art. 2 (as substituted (1.4.2001) by 2000 c. 19, s. 83, Sch. 8 para. 9(a) (with s. 83(6)); S.I. 2001/774, art. 2)

[^c751224]: Words in s. 20(2A) substituted (1.4.2001) by 1987 c. 42, s. 23(1); S.I. 2001/777, art. 2 (as substituted (1.4.2001) by 2000 c. 19, s. 83, Sch. 8 para. 9(b) (with s. 83(6)); S.I. 2001/774, art. 2)

[^c751225]: 1986 c.55 (49:7).

[^c751226]: Words in s. 20(4) substituted (1.4.2001) by 2000 c. 19, s. 82(2)(c) (with s. 83(6)); S.I. 2001/774, art. 2

[^c751227]: Words in s. 20(5) substituted (1.4.2001) by 2000 c. 19, s. 82(2)(d)(i) (with s. 83(6)); S.I. 2001/774, art. 2

[^c751228]: Words in s. 20(5) substituted (1.4.2001) by 2000 c. 19, s. 82(2)(d)(ii) (with s. 83(6)); S.I. 2001/774, art. 2

[^c751229]: Words in s. 20(5) inserted (1.4.2001) by 2000 c. 19, s. 82(2)(d)(iii) (with s. 83(6)); S.I. 2001/774, art. 2

[^c751230]: Words in s. 20(6) substituted (1.4.2001) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1), Sch. 2 para. 21; S.I. 2001/777, art. 2

[^c751233]: Words substituted (1.4.2001) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1), Sch. 2 para. 22; S.I. 2001/777, art. 2

[^c751238]: S. 21(3)(a)(b) substituted (1.4.2001) for words in s. 21(3) by 2000 c. 19, s. 82(3) (with s. 83(6)); S.I. 2001/774, art. 2

[^c751240]: Words substituted by Mental Health Act 1983 (c. 20, SIF 85), ss. 146, 147, 148, Sch. 4 para. 25

[^c751241]: 1983 c. 20.

[^c751242]: Words in s. 21(4) substituted (1.4.2001) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1), Sch. 2 para. 22; S.I. 2001/777, art. 2

[^c751247]: Words in s. 22(1) substituted (1.4.2001) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1), Sch. 2 para. 23(2); S.I. 2001/777, art. 2

[^c751248]: Words in s. 22(1) substituted (1.4.1992) by S.I. 1992/709, art. 3(2), Sch. 2 (with art. 5(2))

[^c751250]: Words in s. 22(1)(a) substituted (1.4.2001) by 2000 c. 19, s. 82(4)(a) (with s. 83(6)); S.I. 2001/774, art. 2

[^c751251]: S. 22(1)(aa) inserted (1.4.2001) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1), Sch. 2 para. 23(3); S.I. 2001/777, art. 2

[^c751255]: Words in s. 22(1)(d) inserted (1.4.2001) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1), Sch. 2 para. 23(4); S.I. 2001/777, art. 2

[^c751256]: S. 22(1)(e) substituted (1.4.2001) by 2000 c. 19, s. 82(4)(b) (with s. 83(6)); S.I. 2001/774, art. 2

[^c751260]: S. 22(1)(j) inserted (1.4.2001) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1), Sch. 2 para. 23(5); S.I. 2001/777, art. 2

[^c751265]: Word in s. 23(2) substituted (1.4.2001) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1), Sch. 2 para. 24(a); S.I. 2001/777, art. 2

[^c751266]: Words in s. 23(3) substituted (1.4.2001) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1), Sch. 2 para. 24(b); S.I. 2001/777, art. 2

[^c751271]: Words in s. 24 substituted (1.4.2001) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1), Sch. 2 para. 25; S.I. 2001/777, art. 2

[^c751280]: Definition in s. 25 substituted (1.4.2001) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 23(2)(a); S.I. 2001/777, art. 2

[^c751281]: Words in s. 25 added (1.8.1991) by Human Fertilisation and Embryology Act 1990 (c. 37, SIF 83:1), s. 49(5), Sch. 4 para. 1 (with ss. 39(3), 43(2)); S.I. 1991/1400, art. 2(2)

[^c751282]: 1987 c.42(47:7).

[^c751283]: Definition in s. 25 inserted (1.4.2001) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 23(2)(b); S.I. 2001/777, art. 2

[^c751284]: S. 27repealed by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(2)(4), Sch. 4

[^c751285]: S. 28(3): power exercised by S.I. 1969/1140 and 1971/1857

[^c751286]: S. 28(4)(a) repealed by British Nationality Act 1981 (c. 61, SIF 87), s. 53(2), Sch. 9

[^c751287]: Words repealed by Foreign Marriage (Amendment) Act 1988 (c. 44, SIF 49:1), s. 7(2), Sch.

[^c751288]: 1906 c. 40.

[^c751289]: Words repealed by Guardianship of Minors Act 1971 (c. 3), Sch. 2

[^c751290]: 1950 c. 37.

[^c751291]: 1952 c. 37.

[^c751292]: 1875 c. 90.

[^c751293]: S. 28(4)(f) repealed by Northern Ireland Constitution Act 1973 (c. 36), s. 41(1), Sch. 6 Pt. I

[^c751333]: Entries in Sch. 1 Pt. I repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. VIII.

[^c751341]: Entry relating to the Friendly Societies Act 1886 (c. 25), s. 36 repealed by Friendly Societies Act 1974 (c. 46), s.116(4), Sch. 11

[^c751345]: Entry relating to Supreme Court of Judicature (Consolidation) Act 1925 (c. 49), s. 165(1) repealed by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7

[^c751349]: Entry relating to British Nationality Act 1948 (c. 56, SIF 87), s. 32(1)(9) repealed by British Nationality Act 1981 (c. 61, SIF 87), s. 53(2), Sch. 9

[^c751353]: Entry relating to Customs and Excise Act 1952 (c. 44), s. 244(2)(a) repealed by Customs and Excise Management Act 1979 (c. 2, SIF 40:1), s. 177(3), Sch. 6 Pt. I

[^c751361]: Entries relating to the Sexual Offences Act 1956 and the Mental Health Act 1959 repealed by Guardianship Act 1973 (c. 29, SIF 49:9), s. 9, Sch. 3 and entries relating to the Mental Health Act 1959 are also expressed to be repealed by Mental Health Act 1983 (c. 20, SIF 85), s. 134, Sch. 6

[^c751369]: Entry relating to County Courts Act 1959 (c. 22) repealed by County Courts Act 1984 (c. 28, SIF 34), ss. 148(3), 149(3), Sch. 4

[^c751381]: Entry relating to the Building Societies Act 1962 (c. 37) repealed by Building Societies Act 1986 (c. 53, SIF 16), s. 120, Sch. 19 Pt. I

[^c751387]: Sch. 1 Pt.II, except the entry relating to the Government Stock Regulations 1965, repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.VIII.

[^c751294]: The text of ss. 2(1), 19(2), Sch. 1 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991

[^c751392]: Words repealed by Representation of the People Act 1983 (c. 2, SIF 42), ss. 204, 205, 206, Sch. 9 Pt. I

[^c751393]: 1695 c. 25.

[^c751394]: Words in Sch. 2 para. 2 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.VIII.

[^c751396]: Sch. 2 para. 3 repealed by Finance Act 1969 (c. 32), s. 16(1), Sch. 21 Pt. IV

[^c751397]: 1959 c. 22.

[^c751398]: 1965 c. 2.

[^c751399]: 1886 c. 27.

[^c751400]: 1925 c. 45.

[^c751401]: 1965 c. 72.

[^c751402]: 1958 c. 5 (7 & 8 Eliz. 2).

[^c751403]: 1925 c. 19.

[^c751404]: 1925 c. 23.

[^c751405]: 1925 c. 20.

[^c751406]: 1964 c. 55.

[^c751407]: 1939 c. 21.

[^key-d39b9ae51dd789f36ed3edc63f9b46df]: Sch. 1 Pt. 2 entry omitted (1.7.2004) by virtue of The Government Stock (Consequential and Transitional Provision) (No. 2) Order 2004 (S.I. 2004/1662), art. 1, Sch. paras. 1, 18 (with art. 3)